an authentic testimony in writing, contained in rolls of parchment, and preserved in a court of record. See Court.

Trial by RECORD, a species of trial which is used only in one particular instance: and that is where a matter of record is pleaded in any action, as a fine, a judgment, or the like; and the opposite party pleads, nul tal record, that there is no such matter of record existing. Upon this issue is tendered and joined in the following form, "and this he prays may be inquired of by the record, and the other doth the like;" and hereupon the party pleading the record has a day given him to bring it in, and proclamation is made in court for him to "bring forth the record by him in pleading alleged, or else he shall be condemned;" and, on his failure, his antagonist shall have judgment to recover. The trial, therefore, of this issue, is merely by the record: for, as Sir Edward Coke observes, a record or enrolment is a monument of so high a nature, and importeth in itself such absolute verity, that if it be pleaded that there is no such record, it shall not receive any trial by witness, jury, or otherwise, but only by itself. Thus titles of nobility, as whether earl or not earl, baron or not baron, shall be tried by the king's writ or patent only, which is matter of record. Also in case of an alien, whether alien friend or enemy, shall be tried by the league or treaty between his sovereign and ours; for every league or treaty is of record. And also, whether a manor be held in ancient demesne or not, shall be tried by the record of Domesday in the king's exchequer.